Ombudsman (Defence Forces) Act 2004

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Interpretation.

1.—(1) In this Act, unless the context otherwise requires—

“Act of 1954” means the Defence Act 1954 ;

“Act of 1980” means the Ombudsman Act 1980 ;

“action” means—

(a) any act that is carried out or any decision made by or on behalf of a person referred to in paragraph (a), (b) or (c) of section 6 (1) or paragraph (a), (b) or (c) of section 6 (2) , or

(b) a failure by or on behalf of a person referred to in paragraph (a), (b) or (c) of section 6 (1) or paragraph (a), (b)or (c) of section 6 (2) to carry out an act or make a decision,

but does not include an act or decision referred to in paragraph (a) or a failure to carry out an act or make a decision referred to in paragraph (b) that relates to or affects security or a military operation;

“civil servant” has the meaning assigned to it by the Civil Service Regulation Act 1956 but for the purposes of sections 4 (7), 6 (1)(c), 6 (2)(c) and 9 (2) a reference to a civil servant shall be construed as a reference to a civil servant who is or was employed as a civil servant in the Department of Defence and for the purposes of section 6 an action taken by or on behalf of a civil servant shall concern the performance of administrative functions by that civil servant in the Department of Defence;

“complainant” means a person who makes a complaint under section 6 ;

“complaint” means a complaint made in accordance with section 6 ;

“Defence Forces” means the Permanent Defence Force referred to in section 19 of the Act of 1954 and the Reserve Defence Force referred to in section 20 of the Act of 1954;

“functions” includes powers and duties and a reference to the performance of a function shall include, with respect to powers, a reference to the exercise of a power;

“investigation officer” has the meaning assigned to it by section 15 ;

“military operation” means—

(a) active service within the meaning of section 5 of the Act of 1954,

(b) active service as provided for in section 4 (1) of the Defence (Amendment) (No. 2) Act 1960 ,

(c) operational duties at sea, or

(d) the provision of aid to the civil power;

“Minister” means the Minister for Defence;

“Ombudsman” means the person appointed as Ombudsman for the Defence Forces under section 2 (2);

“security” means the security or defence of the State;

“service tribunal” has the meaning assigned to it by section 161 of the Act of 1954.

(2) In this Act—

(a) a reference to a section is a reference to a section of this Act, unless it is indicated that a reference to some other enactment is intended,

(b) a reference to a subsection or paragraph is a reference to the subsection or paragraph of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended, and

(c) a reference to any enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment.